Delaware Code Title 15 Sec. 6103 – Application for registration: felony conviction reviews
(a) The county office of the Department of Elections shall not register any applicant as a qualified voter until it has been determined that such applicant is lawfully eligible to vote. The county office shall, for each registration application, perform an electronic inquiry against the Criminal Justice Information System (CJIS) and other data to determine if the applicant has been convicted of a felony. If the applicant has not been convicted of a felony and is otherwise eligible to register to vote pursuant to the Delaware Constitution and this title, the applicant shall be registered.
Terms Used In Delaware Code Title 15 Sec. 6103
- Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
- Disqualifying felony: shall mean that type of felony set forth in § 2, article V of the Constitution of this State which permanently disqualifies any person convicted of such felony from voting. See Delaware Code Title 15 Sec. 6102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State Election Commissioner: shall mean the State Election Commissioner or the Commissioner's designee. See Delaware Code Title 15 Sec. 6102
(b) If a review by the county office of the Department of Elections shows that the applicant has been convicted of a disqualifying felony, the registration application shall be denied and the applicant shall not be permitted to register.
(c) If the applicant has been convicted of a felony which is not disqualifying but the applicant has not served the required sentence of imprisonment, parole, work release, early release, supervised custody, and probation and community supervision, then the registration application shall be denied.
(d) If the results of the CJIS inquiry cannot determine the eligibility of the applicant, the respective county office of the Department of Elections shall forward the application to the State Election Commissioner.
72 Del. Laws, c. 314, § ?1; 77 Del. Laws, c. 227, § ?2; 80 Del. Laws, c. 311, § 2;